Record labels and small Internet radio stations reached
a long-awaited agreement Sunday that calls for significantly lower royalty
payments for online music broadcasts, sources close to the negotiations
said.
Unless Congress changes the law quickly to implement the
deal, however, these Webcasters will have to pay three years of back
royalties Oct. 20 at the full rate set by the librarian of Congress. That
rate--0.07 cent per song per listener, or $92 per listener per year for an
all-music station--could drive many small Webcasters out of
business.
The agreement Sunday came in response to pressure from
leaders of the House and Senate judiciary committees, who are expected to
take the lead in trying to implement a compromise through legislation.
Lawmakers have been heavily lobbied by small Webcasters who fear that
their industry will be destroyed if they are forced to pay high royalty
rates.
The deal offers no relief to large Webcasters, such as Yahoo
Inc.'s Santa Monica-based subsidiary Launch, or mid-size ones such as
Radio Free Virgin in Los Angeles or Live365 in Foster City, Calif.
Negotiations last week between the labels and large Webcasters on a
long-term deal failed to bear fruit, despite signs of
progress.
Sources on both sides of Sunday's deal, who spoke on the
condition of anonymity, said it was a two-year agreement that calls for
Webcasters to pay back and future royalties equal to 8% to 12% of their
revenue or 5% to 7% of their expenses, whichever was higher.
The
deal, which also would let back royalties be paid in installments,
initially applies only to Webcasters with less than $1 million in
revenue.
One potential sticking point for the small Webcasters'
deal is payments to artists. Today, the labels are bound by contract to
pay about half of the Webcasting royalties directly to performing artists.
Some artists' unions and trade groups are insisting that any legislation
for small Webcasters should also mandate direct payments to artists, but
the labels have not agreed to such a provision.
The artists unions
flexed their muscles last week, lining up top Democrats to oppose a bill
to delay Webcasting royalty payments for six months. The sponsor, House
Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.), withdrew
the bill, avoiding almost certain defeat on the House
floor.
Sensenbrenner is expected to take a bill implementing the
deal to the House floor as early as today.
The proposed rate for
small Webcasters is higher than the percentage of revenue that cable and
satellite TV companies pay for their digital broadcasting services. Still,
it would generate significantly smaller royalties than the 0.14 cent per
song originally proposed by a federal arbitration panel, the source
said.
The librarian of Congress cut the panel's proposal in half,
but small Webcasters still pleaded for a percentage-of-revenue deal that
would take into account the slumping advertising market. Large Webcasters
favored a per-song royalty but were eager for a lower rate.





